Greenup v. Stoker
Illinois Supreme Court
This bill was filed, in the Washington Circuit Court, by William Stoker, praying that the sale of certain lands might be set aside as being unlawful and oppressive.
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This bill was filed, in the Washington Circuit Court, by William Stoker, praying that the sale of certain lands might be set aside as being unlawful and oppressive. The bill sets forth, that a judgment for costs was rendered against Stoker for the sum of $106 20, upon which execution was issued, and placed in the hands of an under sheriff', who levied on the south east quarter of section 35, Town 1 south, range 3 west, which execution was by the under sheriff placed in the hands of the coroner, who proceeded to sell the land to the highest bidder, under the levy made by the under sheriff The…
1Opinion of the CourtCaton, J.
This bill was filed to set aside the sale under an execution, principally for the reason, that an entire quarter section of land was sold in one tract, instead of being offered in parcels. But the bill docs not show by circumstances, nor does it even aver, that the tract was susceptible of division, or that it might have been' more advantageously sold in separate parcels. It is no doubt true, that it might have been divided; and so might any tract or parcel of land, no matter how small or insignificant it may be. But the law requires something more "than this. Some probability of advantage…
2Cited by4 opinions
- Gibbons v. BresslerIllinois Supreme Court · 1871
- Phelps v. ConoverIllinois Supreme Court · 1861
- Cowen v. UnderwoodIllinois Supreme Court · 1854
- Maxton v. MountAppellate Court of Illinois · 1900